' Mr. E. J. O'Malley
: J. L. Tierney
Subject : SENATE SEI£CT COMMITTEE tMJ INTELLIGENO^ (SSCI)
ALL IlIFOPlIATIOl' COHTAIIJED
HEElIl 15 OTCL133IFIED EXCEPT
IiJHEPE SHOW OTHERWISE
recanmend approval of proposed disclosure of FBI docvunents to
c ^ House Permanent Select Committee on Intelligence (HPSCI) by the Office
of Intelligence Policy and Review (OIPR) no later than 11/18/83. (U)
concuT With fumishing the enclosed collection of FBI
rosic LirLS? Department of Justice (DOJ) summary to both
EXIHPTED FEOH AUTOmTIC
AUTHORITY DERIUlU FlOH:
FBI AUTOI-OITIC DICLASSIFICATIOM GUIDE
EXIHRTIOIJ CODE: .EEXi; 1)
DETAILS- iBiFOimTioii obily
. . Following a joint appearance by Judge ftebster and Mary Lawton
2L J ? President's authority on warrantless searches! He
or a review of the history of the use of this technique, (u)
eoni-«o«- “ »tt«>rney on Ms. Lawton's staff, has been in
through Mr. Stujrgis' office on the topic of the history of that
Miller*^* given him access to the materials used during the Grey-Felt-
The^ii^J^.^ ^ite House of current or past use of the technique.
Secu^iiJ®2ency (SsJ?!'' (JP* ^
Enclosures : 3
1-Mr. J. A. Mints
1-Mr. c. p. Monroe
1-Mr. R. s. Young
1-Mr. B. J. O'Malley
1-Mr. W. D. Gore
1-Mr. J. M. Sturgis
1-Mr. C. W. Dixon
/.o ^ I 6
Memorandum to Mr. E. J. O'Malley from J. L. Tierney
Re; SENATE SELECT COMMITTEE ON INTELLIGENCE (SSCI)
Ms. Lawton's office proposes to answer the Senator's inquiry in
witxng. Attached is a copy of Part 2 of her draft response which covers
the history of the FBI's use of warrantless searches before 1966. The
letter is a recitation of the law on the topic
re evant to the purpose of this memo. The second part of the
^morand^ contains a summary of the FBI documents. Part 2 of the memorandum
f ® ^®^®®ted set of FBI documents are attached, as is a second '
set of tte documents without redactions. The redacted versions of the
diis ccsoittees, but will be returned Z OIPR
within 30 days. Only one copy of the OIPR memorandum will be furnished to
eJS maintained by the Chief Counsel of
» .J 1 n
Mr. Brown has obtained the concurrence of msa n«>n«>yi
ti S tfj ite . Mr . Brown ,
W™—-^ his own iniJidLivs, has made further redactions to protect
ttat T. : ^ f®«iliar with these documents and I agrer
that redaction sufficiently protect our interests.
a snnm,*,^ !5' anticipates furnishing the requested memorandum of law with
ry enclosures and the redacted enclosures by 11/18/83. (o)
file copy T2-ufolironlT.^ additional
xt* tfSL- I I f /n/t^ j
/55 61 >.'
bl IS ■•IIIJCLASSIFIED •
06-08-2009 BY .65179 diali/baT.T/sM|
:,iTED STATES DISTRICT COURT
ojtuer:; district of new york
UDITH CLARK, et ,
- against -
INITED STATES OF AMERICA, tt ,
r MM >’ W®
78 Civ. 2244 (MEL)
Plaintiffs having movad this Court for an order to
tect the discovery process end to further the interests of ^
tice, and the Court having duly considered the natter, it
. ORDERED that:
j 1. Mo document identifiable with any plaintiff in
iche possession, custody or control of the Individual defendants
jor Government agency defendants shall be destroyed or obliterated
iin any manner pending a final detenr.ination of this action,
including any appeals, or upon further order of this Court:
j 2(a). All documents referred to in, and protected
!by t s order shall be placed and maintained under supervisory
icont. 1 of the Court in the physical custody of any person or
■agency now in possession of such records who shall be responsible
for the physical integrity of the documents. Any defendant
jwhich has in its possession any of the documents shall be bound
[by Its teras.
3(a). A copy of this order shall ba circulated
to each field office and legal attaches of the Federal Bureau of
Investigation ("FBI'') as well as any organisational unit within
Che headquarters of the FBI. Additionally, copies of the order
ijwiLl be circulated to appropriate officials of the Postal Service
and Department of Justice having custody of documents identifiable
to any plaintiff.
As' 7 ^
.JUN 11 1979
(b). yh copy of this order shall be placed in
volume or section oi all FBI main files identifiable as
relating to plaintiffs.
I (c) . The FBI shall prepare an index of all
j main files referred to in 3(b) above, specifying the serial
j nucibers of documents contained in each file and the location
j! of each file, A shall be furnished to
|j pli-inrlxfis’ attorneys^and to^he^Court.
4. Documents protected by this order include (a)
all records of any kind and description which have been
garnered in connection with past and present investigations
and may be garnered in connection with future investigations
plaintiff, including but not limited to records which
are identifiable to plaintiffs though contained in records
pertaining to investigations of organizations or individuals
j; with which any plaintiff may have had or cay have affllia-
I ticns, and (b) directives or guidelines governing the conduct
I' of such investigations, including but not limited to the FBI
Kan-ual of Instructions and Attorney General Guidelines.
5. All documents compiled in the course of the
prosecution or defense of United States v. Gray and United
ita^ V. Felt and Miller . 78-000179 (Bryant, C.J.),
excluding attorneys' work products, shall be subject to the
pr visions of paragraphs 1 and 2 of this order. Ac the
cc. elusion of the prosecutions, all documents covered by
this order shall be maintained in the custody of attorneys,
or their successors in control of such documents pending
final determination of this action.
i^othing In this order shall preclude' the
handling, necessar^ marking of documents, or necessary
alteration of copies of documents in the ordinary course of
usxness or trial preparation by anyone in possession of the
’-It i, th. intent of the Conrt thst this order
he hroedi, constro.d so es to prevent the destrotti.n of
y doto..„te. In the event of ,„.stio„ hfTefendentff aJ
-«ni„I the .top. end oover.d. .f thie order^, or eny
-rton oonoeming whether eny p.rtioul.r doonoent. cor.
-hio the desijneted scope end coverege of this order the '
--ents in ,n..tio„ will not he de.troyed or ohUtereted
<•> - presented to
^ 1 nts . f e ' at to* «eys for examination and
by their attorneys, stipulate in uniting that
the documents may be destroyed or obliterated in whole or
.-t; or (b) the Court, after a hearing duly noticed, exempts
tne specified documents in question from its order.
_ . addition to specific instructions concerning
-unication of the contents of this order contained herein
- an ants and their attorneys shall cotcrunicate the contents
t IS order forthwith to all appropriate individuals so as
to asure the effectuation and compliance with the order by
9. Within 30 deys, defend.nts shell tepnrt to the
Count ell steps t.hen e. .. to essute the eff.ttn.tion «.d
co.pU.nc. With thie order by .11 person..
Dated: New York, New York
Jnited iitaces District"
UNJTED STATES GOVERNMENT
Mr . D • W . Moore , Jr .
S* S, Mignosa
ALL IHFORI-IATIOl COITAIHED
HEF^^U :3 TJIJCLASSIFIED EXCEPT^
OTBERIISE Assoc. Dir. .
srajECrr:^ D. S. vs. GMY, et al.
STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
1 - Mr . J . B . Adams
1 -• Mr. H.N. Bassett
(Attn; P.V. Daly)
1 - Mr. J.A. Mints
1 - Mr. D.W. Moorg. .Tr-
Dep. AD Adm.
Dep. AD Ifiv. „
Plan. & Insp.
Public AHs. Off. .
Director's Sec’y _
otherwlse’'I;oteS!”°”"'’"” “classified except where
aee^d es2n?LrS Se'^Sp^r^S^^riVcL^^S^^S
Y7ar-=,-« That the Department be provided with excised
?rt;e"de?LS“e?rr f = • auita^L"?c“?f lease
for use ar??I;i versions dpemed sMfable
b 7 C
EXEMPTED FROM AUTOMATIC
AUTHORITY DEEIUED FROM;
FBI AUTOI-LiTIC D I CLASSIFICATION CUIDl
EXEMPTION CODE ZBYJ,!)
r I'., .or
Dep. AD !:!v.
rUO’iL: ,'V; !$. Ofl,
DETAILS ; ^ -X -
to and in addition, what may ulW^tSrKLSd Irirlir^
Enclosures l/f>y r ,2-1
“ JAN 24 1979
Green berg/Gra ^753
uy U.S. Savings Bonds Regularly on the Payroll Savings Plan
F 8 I/DOJ
Memorandum to Mr. n w
«. s. vs. Irs”;
ated xt wants additional informatio^ ?e?2?JdT^
NSA, those aSnSel are^slp^atfl^^ originated from ciA and
information. ® separately processing that particular
excisions^to^^oro^ia!!^ Permitted to make the «
Which would SISJLT
dooumentst““'’®^ “® “”'®® copies each of the following
copy 1 is the original version of this s^^orandua,.
^ pages 1 andj_ooncerning
[a sourno \ /are df^meg nec essary f■r>^l^r^5^!! ^®
^ g J / I
Copy 3 deemed usable in trial.
The excisions made in -t-hn'o „
protect sources essential to
" 2 -
details CONTiNTTBn .
Copy 1 is original version of this teletype,
to the defMse?*"^**'* deemed releasable
Excisions in this copy essenHai
Possrble identity of I Svf ?S^g?mant
Copy^3 is the excised version deemed usable at
--les^airLSods” to protect
9/21/72, "aptio;el’"S-p2.ir"?'?’^“" *“• »• «• Eelt,
ned fli Fatah, Internal Security - Mlldie East."
Copy 1 IS the original version of this memorandum.
SfLIe^at^L^^ertS?”?^ releasable to the
in this copy) . ***^0 are no excisions
Copy 3 deemed usable at trial.
sources and methods!^^ essential to protect
This matter coordinated with SA Paul V. Daly.
ALL INFOPmTIOl COICTAIIED
HEPEIl IS mCLlSSIFIED
DATE 06™08™2009 BY 65179 dmli/baw/sbs
6j. - \ I " ^